COM. v. CORTEZ


507 Pa. 529 (1985)

491 A.2d 111

COMMONWEALTH of Pennsylvania, Appellee, v. Anthony CORTEZ, Appellant.

Supreme Court of Pennsylvania.

Decided April 18, 1985.

Reargument Denied July 2, 1985.


Attorney(s) appearing for the Case

John W. Packel, Chief/Appeals Div., Jules Epstein, Asst. Defenders, for appellant.

Eric B. Henson, Deputy Dist. Atty., Sarah Vandenbraak, Asst. Dist. Atty., Gaele Barthold McLaughlin, Philadelphia, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


OPINION

McDERMOTT, Justice.

Two police officers on routine patrol in the early hours of an empty, snowy February morning passed an alley behind residences in North Philadelphia. As the officers were passing they heard dogs barking as two men emerged from the alley. The officers stopped the men and asked if they lived on the alleyway. The men acknowledged that they did not and were unable to produce identification. Prior to further inquiry the officers "patted...

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